Biaggi & Biaggi v. 175 Med. Vision Props., LLC

Full title: Biaggi & Biaggi, Esqs., appellant, v. 175 Medical Vision Properties, LLC…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: May 3, 2012

2012 N.Y. Slip Op. 72105 (N.Y. App. Div. 2012)

Opinion

Motion No: 2012-015292012-03292Index No. 08-25578M137153

05-03-2012

Biaggi & Biaggi, Esqs., appellant, v. 175 Medical Vision Properties, LLC, et al., respondents.

MARK C. DILLON

, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

Motion by the respondents on appeals from two orders of the Supreme Court, Westchester County, dated November 21, 2011, and entered February 1, 2012, respectively, in effect, to dismiss the appeal from the order dated November 21, 2011, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice, to strike portions of the record and the appellant's brief pertaining to the order dated November 21, 2011, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are, in effect, to dismiss the appeal from the order dated November 21, 2011 (Appellate Division Docket No. 2012-03292), and to strike portions of the record and the appellant's brief pertaining to the order dated November 21, 2011, are granted (see CPLR 5701); and it is further,

ORDERED that the appeal from the order dated November 21, 2011, is dismissed, without costs or disbursements; and it is further,

ORDERED that pages 23 through 29 of the record on appeal and the appellant's brief are stricken, and on or before June 4, 2012, the appellant shall remove the stricken material from the copies of the record on appeal filed with the Clerk of the Court or serve and file a replacement record that does not contain the stricken material, and shall serve and file a replacement brief that does not refer to the appeal from the order dated November 21, 2011; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until July 5, 2012, and the respondents' brief must be served and filed on or before that date.

DILLON, J.P., DICKERSON, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court